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D.P. Nagle / Elwazeer (USA) Referral

Dundalk, 23rd December 2011

The Referrals Committee, Sean Barry (in the Chair), John G. Moloney and J.R. Craigie met in the Turf Club, The Curragh, Co. Kildare on 23rd January 2012 to consider the referral of D.P.  Nagle, trainer of Elwazeer (USA), when following the running of the Handicap at Dundalk on 23rd December 2011, he was referred for a possible breach of Rule 213 as the Stewards were of the opinion that he failed to report anything that may have had a bearing on the running of the horse.

Evidence was heard from Mark Bird, Rules of Racing Handicapper and David Peter Nagle.

Mark Bird outlined the handicap ratings that Elwazeer (USA) had run to on his three runs prior to his win at Dundalk. He said that on his first run he had run to a rating of 11 followed by 25 on his second run and 38 on his third run.  As the minimum rating was 44, then that was the rating given to the horse.  However because of the race conditions the horse had to run off a rating of 47 when he won.  Mr. Bird noted that the animal ran to a mark of 62 that night which was in effect an improvement of 24lbs on his previous best run. He said he considered this abnormal improvement. He also confirmed that he wouldn’t have handicapped the horse if he knew that he had a respiratory problem on his third run.

In his evidence David Peter Nagle submitted a veterinary report from Patrick Meagher, Veterinary Surgeon, which indicated that the laser operation was carried out on Elwazeer (USA) in May 2011, which was before he ever ran. He said that the only thing that happened subsequently was that the horse made a respiratory noise at Dundalk on his third run. He had the horse scoped about a week later and the scope indicated no abnormality. He said there was confusion at the original enquiry as to when the wind operation occurred and that he misinterpreted the questions that were asked. He said that the reason for the improved run at Dundalk when he won was because he had changed the horses work pattern following advice received from J.A. Heffernan who had ridden the horse in his work.

In response to a question from Conal Boyce, Mr. Nagle accepted that he should have reported that the horse had a problem at Dundalk on 28th October.

Having considered the evidence the Committee found that David Peter Nagle was in breach of Rule 213. In arriving at their decision they noted that Mr. Nagle accepted that he should have made a report after the Dundalk run on 28th October.  He was therefore fined €750 and ordered to pay costs of €250.

The case was presented by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.

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